Supreme Court Denies Certiorari in B-21 v. North Carolina Case

Today the Supreme Court refused to take an appeal out of the Fourth Circuit of the win by North Carolina against an out of state retailer and the retailer’s claims that the NC state law regulating instate retail sales violate the dormant commerce clause.  The Supreme Court today issued a list of dozens of cases…Read More

Rhode Island Retailer Case Going to First Circuit

The First Circuit will get to join the fun of dormant commerce clause litigation.  The plaintiffs who lost in Rhode Island District Court have filed a Notice of Appeal  with the First Circuit so briefing in this case will occupy the first half of 2023. In their continuous effort to create a federal appellate court…Read More

Updated Filings in Oregon Lawsuit by Washington Breweries

There have been a round of filings in the lawsuit filed by Washington brewers against Oregon laws. The Defendants have responded to Oregon’s Motion to Dismiss for lack of jurisdiction by filing a response to the Motion to Dismiss with a request to amend their complaint to add more state government officials. The state responded…Read More

District Court Rules for Ohio in Retailer Shipping Challenge

Judge Morrison of the Eastern District of Ohio granted the state of Ohio’s summary judgment motion to dismiss an out of state retailer’s challenge to Ohio alcohol laws.   A copy of the decision can be found here. The court noted that the 6th Circuit had already ruled in a “substantially similar” case out of Michigan. …Read More

15th Annual Center for Alcohol Policy Legal Conference to be held August 30 and 31 in Nashville

I am excited to be a part of the 15th Center for Alcohol Policy Legal Conference which will be held in Nashville, Tennessee. The conference starts with a reception the evening of August 29 and then goes all day the 30th and half the day on Wednesday the 30th. Registration can be found here. There…Read More